The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for a period of two years from the date this judgment becomes final and conclusive.

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in August, and two hours of community service order) is too unreasonable.

2. The judgment requires a strict warning to the defendant when considering the fact that the defendant had been punished several times for the same violent crime in the past, and that the assault against the driver of a vehicle in operation is a very dangerous act that may cause a traffic accident and damage to many and unspecified persons. However, the defendant shows an attitude to recognize and reflect all of the crimes of this case, and the defendant has reached an agreement with the victim during the investigation process. Above all, the defendant is engaged in the cargo transport business while driving the vehicle, and is in the cargo transport business, which may cause considerable harm to his life due to the community service order, and the sentencing conditions indicated in the records are taken into account, it is reasonable to view that the sentence of the court below imposing the community service order is somewhat excessive, in full view of the defendant's age, character, conduct, and environment.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes against the relevant criminal facts;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (As seen in the preceding sentence, the term “contributed circumstances” etc.);